California demonstrated national leadership by becoming the first state in the nation to end money bail for people awaiting trial.

Instead of basing pre-trial freedom on the size of a defendant’s bank account, local courts will now make such decisions based on public safety considerations.

The impact of eliminating the predatory, for-profit bail industry that extracts money from Californians through fees and traps people in debt cannot be overstated. This special interest industry did nothing to advance public safety by perpetuating a pre-trial detention system that is driven entirely by money. Eliminating that special interest is an enormous political and public policy feat, and it’s no surprise that the industry is fighting to turn back the clock on bail reform.

Some of the most important work begins now, with the commencement of implementation planning. While the bail reform law is not perfect and will require oversight, a significant portion of its ultimate effect will be determined by how the implementation process unfolds. Before the new system goes into effect a year from now, a panel of experts will work with the Judicial Council to issue guidelines to counties on how to interpret and implement SB 10.

The full impact of this law has yet to be determined, and it would be a mistake for advocates to walk away and conclude that increasing pre-trial detention is an inevitable outcome. Leadership and participation from the Judicial Council, advocates and other stakeholders will be required throughout implementation to make sure this reform law reduces unnecessary pre-trial detention and improves safety and the administration of justice.

It is imperative that the Judicial Council be transparent and collaborative to ensure key stakeholders, including those most directly harmed by unnecessary pre-trial detention, have influence in the implementation process and outcomes. Such collaboration will be critical to the implementation and success of bail reform, and we have an opportunity to get it right.

Part of implementation will include fine-tuning a new risk-assessment system, something advocates have raised concerns about potentially perpetuating racial discrimination. We have the time to ensure that risk assessments avoid such pitfalls by basing them on best practices and the voices and experiences of those who have long been subjected to harm by racially discriminatory outcomes in the criminal justice system. It is essential for there to be full transparency about these assessments, constant review of them, and a process to ensure accountability for their impact on Californians.

Judges have always been responsible for deciding whether a person awaiting trial was detained or released, yet the current system is broken. Now, we have the ability to replace it with one that disregards wealth and considers an individual’s circumstances.

Together, we should strive for a system that is fair and committed to continued improvement.

For too long, our justice system has criminalized poverty and disproportionately impacted people of color. There is broad consensus on that point and state lawmakers sent a clear message that is no longer acceptable. We must now ensure that the implementation of this reform law lives up to those intentions.

California has shown the nation it is ready to embrace new ideas to better serve its people. We should take the next step in demonstrating national leadership by ensuring our implementation process of this law sets new standards of collaboration, transparency, and accountability to communities who have long been negatively impacted.

We can no longer accept a pretrial detention system that violates the underlying philosophies of our legal system. The presumption of innocence must be balanced equally with public safety. Collaboration, inclusion, procedural justice and accountability are the way forward on bail reform in California.

Regardless of our differences, now is the time to come together to advance a better alternative to our current bail system, establishing a foundation for our state to continue improving far into the future.

George Eskin is a retired Santa Barbara County Superior Court Judge and a member of Chief Justice Tani Cantil-Sakauye’s Pretrial Detention Reform Workgroup.

The Hon. George Eskin is a retired Santa Barbara County Superior Court Judge who also served as an assistant district attorney in Santa Barbara and Ventura Counties and as chief assistant city attorney in Los Angeles.